HomeMy WebLinkAboutZA Action 09-004ZONING ADMINISTRATOR ACTION 09-004
CONDITIONAL USE PERMIT 09-007
14071 NEWPORT AVENUE
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
I. The Zoning Administrator finds and determines as follows:
A. That a proper application for Conditional Use Permit 09-007 was filed by
Roland and Osbelia Guen-a of Rollie's Bakery, requesting authorization for
on-site alcoholic beverage sales for beer and wine (ABC License Type "41 ")
in conjunction with an existing bona fide restaurant located in a 1,819
square foot tenant space with twenty-one (21) seats at 14071 Newport
Avenue.
B. That the proposed land use is consistent with the Tustin City Code and
General Plan. The site is zoned Planned Community Commercial (PCC)
where restaurants are permitted and alcoholic beverage sales
establishments are conditionally permitted pursuant to Ordinance No.
1230. The General Plan land use designation is Community Commercial,
which allows for a variety of retail, office, and service-oriented businesses.
The project is consistent with the Air Quality Sub-element of the City of
Tustin General Plan.
C. That per Section 9299b(3xf) of the Tustin City Code, the Zoning
Administrator has the authority to consider requests for on-site alcoholic
beverage sales licenses for restaurants.
D. That a public hearing was duly called, noticed, and held on said application
on May 18, 2009, by the Zoning Administrator.
E. That the establishment, maintenance, and operation of the use applied for
will not, under the circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or
working in the neighborhood of such proposed use nor be a detriment to
the property and improvements in the neighborhood of the subject
property, nor to' the general welfare of the City of Tustin as evidenced by
the following findings:
a. The proposed sale of on-site beer and wine is allowed within the
Planned Community Commercial (PCC) zoning district with the
approval of a Conditional Use Permit.
b. As conditioned, the proposed on-site consumption of beer and wine is
consistent with the Alcoholic Beverage Sales Establishment Guidelines
as amended by the Planning Commission and adopted by the City
Council on May 21, 2001.
Zoning Administrator Action 09-004
May 18, 2009
Page 2
c. The on-site consumption of alcoholic beverages would be in conjunction
with a restaurant where food will be served at all times when alcoholic
beverages are served. As conditioned, no ancillary bar use would be
allowed at the subject location.
d. Bona fide restaurants with on-site alcoholic beverage sales are exempt
from distance separation requirements to residential uses, sensitive
uses, and other alcoholic beverage sales establishments.
e. The restaurant use is located within a retail center and a commercial
corridor along Newport Avenue where a variety of retail, office, and
restaurant uses are located. The characteristics of the restaurant use
and hours of operation of the restaurant would be similar to other
restaurants in the center and in the vicinity.
f. The 21-seat restaurant complies with the parking requirements originally
established for the site in CUP 89-47.
g. The Tustin Police Department has reviewed the application and has no
immediate concerns.
D. This project is Categorically Exempt pursuant to Section 15301, Class 1
(Existing Facilities), Title 14, Chapter 3, of the Califomia Code of
Regulations (Guidelines for the Califomia Environmental Quality Act).
11. The Zoning Administrator hereby approves Conditional Use Permit 09-007
authorizing the on-site sale and consumption of beer and wine (ABC License Type
"41 ") in conjunction with the existing 1,819 square foot restaurant (Rollie's Bakery
and Mexican Cafe) located at 14071 Newport Avenue, subject to the conditions
contained within Exhibit A, attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular
meeting held on the 18~' day of May, 2009.
~it~.~~
ELOISE RIS
RECORDING SECRETARY
~`~,..`o. ~ D~lo.,,_
DANA L. OGDON
ACTING ZONING ADMINISTRATOR
Zoning Administrator Action 09-004
May 18, 2009
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of
the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action
No. 09-004 passed and adopted at a regular meeting of the Tustin Zoning Administrator,
held on the 18"' day of May, 2009.
~~r
ELOISE HA
Recording Secretary
EXHIBIT A
ZONING ADMINISTRATOR ACTION 09-004
CONDITIONAL USE PERMIT 09-007
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform to the submitted plans for
the project date stamped on May 18, 2009, the date of approval, on file with
the Community Development Department, as herein modified, or as modified
by the Director of Community Development Department in accordance with
this Exhibit. .
(1) 1.2 Conditional Use Permit 09-007 approval shall become null and void unless
an Alcoholic Beverage Control License Type "41" is obtained from the State
Department of Alcoholic Beverages Control and the sale and consumption of
beer and wine commences within twelve (12) months of the date of this
exhibit. Time extensions may be granted by the Community Development
Department if a written request is received by the Community Development
Department within thirty (30) days prior to expiration.
(1) 1.3 The applicant shall be responsible for obtaining the appropriate license (Type
41) license from the State Department of Alcoholic Beverage Control for the
type of alcoholic sales authorized for the site (on-sale beer and wine). A copy
shall be provided to the Community Development Department prior to the
establishment of the use.
(1) 1.4 All conditions in this Exhibit shall be complied with prior to the establishment
of alcoholic beverage sales, subject to review and approval of the
Community Development Department.
(1) 1.5 Approval of Conditional Use Permit 09-007 is contingent upon the applicant
and property owner signing and returning to the Community Development
Department a notarized "Agreement to Conditions Imposed" form and the
property owner signing and recording with the County Clerk-Recorder a
"Notice of Discretionary Permit Approval and Conditions of Approval" form.
The forms shall be established by the Director of Community Development,
and evidence of recorciation shall be provided to the Community Development
Department. Failure to comply with the conditions of approval shall be
grounds for revocation of the conditional use permit.
SOURCE CODES
(1) STANDARD CONDITION (5)
(2) CEQA MITIGATION (6)
(3) UNIFORM BUILDING CODES (7)
(4) DESIGN REVIEW ***
RESPONSIBLE AGENCY REQUIREMENT
LANDSCAPING GUIDELINES
PC/CC POLICY
EXCEPTION
Exhibit A
Zoning Administrator Action 09-004
May 18, 2009
Page 2
(1) 1.6 Conditional Use Permit 09-007 may be reviewed on an annual basis, or more
often if necessary, by the Community Development Director. The Community
Development Director shall review the use to ascertain compliance with
conditions of approval. If the use is not operated in accordance with
Conditional Use Permit 09-007, or is found to be a nuisance or negative
impacts are affecting the surrounding tenants or neighborhood, the
Community Development Director shall impose additional conditions to
eliminate the nuisance or negative impacts, or may initiate proceedings to
revoke the Conditional Use Permit.
(1) 1.7 Any violation of any of the conditions imposed is subject to issuance of an
Administrative Citation pursuant to Tustin City Code Section 1162(a).
(1) 1.8 As a condition of approval of Conditional Use Permit 09-007, the applicant
shall agree, at its sole cost and expense, to defend, indemnify, and hold
harmless the City, its officers, employees, agents, and consultants, from any
claim, action, or proceeding brought by a third party against the City, its
officers, agents, and employees, which seeks to attack, set aside, challenge,
void, or annul an approval of the City Council, the Planning Commission, or
any other decision-making body, including staff, concerning this project. The
City agrees to promptly notify the applicant of any such claim or action filed
against the City and to fully cooperate in the defense of any such action. The
City may, at its sole cost and expense, elect to participate in the defense of
any such action under this condition.
USE RESTRICTIONS
(1) 2.1 Only on-site sale or consumption of alcohol for any type of ABC license is
authorized. All alcoholic beverages shall be consumed on-site, with the
exception of the provisions stated in the Business and Profession Code
Section 23396.5 and 23401.
(7) 2.2 Business hours are limited to the following:
6:00 a.m. -10:00 p.m. Sunday through Thursday
6:00 a.m. -11:00 p.m. Friday and Saturday
Hours of sales of beer and wine shall be limited to the hours when food is
available. Modifications to the hours of operation may be approved by the
Community Development Director if it is determined that no impacts to the
surrounding tenants or properties will occur.
() 2.3 The total number of seats shall not exceed twenty-one (21) based on the
amount of .parking allotted to the suite by CUP 89-47. A request for
additional seats may be considered by the Community Development Director
if the property owner demonstrates, through the submittal of a parking and
Exhibit A
Zoning Administrator Action 09-004
May 18, 2009
Page 3
land use summary, or as otherwise authorized by current provisions of the
Tustin City Code, that an adequate number of on-site parking spaces are
available to accommodate additional seating for the restaurant.
(1) 2.4 No outdoor seating is permitted at the site without approvals in accordance
with the Tustin City Code.
(7) 2.5 Authorization for the on-site sale of beer and wine (ABC License Type "41 ")
is contingent upon the use of the subject premises remaining a restaurant as
defined in the City of Tustin Alcoholic Beverage Sales Establishment
Guidelines. Should the restaurant use change or be discontinued, the use
permit shall become null and void. No ancillary bar use is permitted.
(1) 2.6 The restaurant shall operate within all applicable State, County, and Tustin
City Code provisions, including the City of Tustin Noise Ordinance. Any
violations of the regulations of the Department of Alcoholic Beverage Control
as they pertain to the subject location, or the City of Tustin, as they relate to
the sale of alcoholic beverages, may result in the revocation of the subject
Conditional Use Permit, as provided by the Tustin City Code.
(1) 2.7 "No Loitering" signs shall be placed near the entrance on the outside of the
premises or in other specified locations where alcoholic beverages are sold.
(1) 2.8 All litter shall be removed from the exterior areas around the premises
including adjacent public sidewalk areas and parking areas, no less
frequently than once each day that the business is open.
(1) 2.9 An approved live entertainment permit is required prior to establishing any
dancing or live entertainment on the premises.
(1) 2.10 No sexually oriented businesses shall be conducted on the premises without
approval by the City in accordance with the Tustin City Code.
(1) 2.11 All persons selling alcoholic beverages shall be eighteen (18) years of age or
older and shall be supervised by someone twenty-one (21) years of age or
older. A supervisor shall be present in the same area as the point of sale.
(1) 2.12 Exterior public pay telephones shall be prohibited and interior public pay
phones shall be programmed to preven# incoming calls.
(1) 2.13 Business operations shall be conducted in a manner that does not create a
public or private nuisance. Any such nuisance must be abated immediately
upon notice by the City of Tustin.
Exhibit A
Zoning Administrator Action 09-004
May 18, 2009
Page 4
(***) 2.14 To verify that gross annual sales of food exceed the gross annual sales of
alcoholic beverages, an audited financial statement shall be provided for
review and approved by the Community Development Director upon request
by the Community Development Department. If the audited financial
statement demonstrates that the sales of alcoholic beverages exceeds the
sales of food, then the sale of alcoholic beverages shall cease immediately
until it can be determined whether the use is operating as a restaurant or a bar
that would be subject to distance separation requirements.
FEES
(1) 3.1 Prior to issuance of any permits, the applicant shall pay all applicable
Building plan check and license permit fees to the Community Development
Department.
(2) 3.2 Within forty-eight (48) hours of approval of the subject project, the applicant
shalt deliver to the Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to
enable the City to ale the appropriate environmental documentation for the
project. If within such forty-eight (48) hour period the applicant has not
delivered to the Community Development Department the above-noted
check, the statute of limitations for any interested party to challenge the
environmental determination under the provisions of the California
Environmental Quality Act could be significantly lengthened.